Burton v. Douglass
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Walworth county: E. B. Belden, Circuit Judge. For many years prior to' October 5, 1903, the firm of Douglass & Dunn was engaged in the business of selling Hour and feed at the city of Lake Geneva. For some months prior to said date the firm of Burton & Denison was engaged in a like business, the firm consisting of W. E. Burton and E. D. Den-ison.
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Appeal from a judgment of the circuit court for Walworth county: E. B. Belden, Circuit Judge. For many years prior to' October 5, 1903, the firm of Douglass & Dunn was engaged in the business of selling Hour and feed at the city of Lake Geneva. For some months prior to said date the firm of Burton & Denison was engaged in a like business, the firm consisting of W. E. Burton and E. D. Den-ison. On said date the firm of Douglass & Dunn (consisting of the defendants' Horace G-. Douglass and Edward F. Dunn) agreed to sell and convey to Lucretia D. Burton certain real estate owned by them in the…
1Opinion of the CourtBarnes, J.
There is sufficient evidence to support the finding of the trial court that the business carried on at Lake Geneva by the defendant Harold J. Douglass was his own, and that his codefendants were not interested therein.
The trial court further found that the members of the firm of Douglass & Dunn did not breach their contract by engaging in business at Williams Bay and Zenda, as these places were not in the “vicinity” of Lake Geneva within the meaning of the term as used in the contract.- The word “vicinity” does not express any definite idea of distance. Used in some connections it may mean a…
2Cases cited20 opinions
- Ganson v. MadiganWisconsin Supreme Court · 1862
- Nilson v. MorseWisconsin Supreme Court · 1881
- Excelsior Wrapper Co. v. MessingerWisconsin Supreme Court · 1903
- Schmidt v. Kansas City Distilling Co.Supreme Court of Missouri · 1886
- Johnson v. PughWisconsin Supreme Court · 1901
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3Cited by17 opinions
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- Hammond v. Capital City Mutual Fire InsuranceWisconsin Supreme Court · 1912
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